Vishnu R vs State Of Kerala
2021 Latest Caselaw 2640 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                    Crl.MC.No.1324 OF 2020(E)

AGAINST THE ORDER/JUDGMENT IN CC 134/2015 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT, PARAVUR

      CRIME NO.1870/2014 OF PARAVOOR POLICE STATION , KOLLAM


PETITIONERS/ACCUSED NO.1 TO 7:

      1      VISHNU R.,
             AGED 27 YEARS
             S/O.RETNAKARAN K., K.G.NIVAS, PERINJANKONAM,
             VADASSERIKONAM P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 143

      2      SUBIN S.,
             AGED 35 YEARS
             S/O.SUDHAKARAN S., SUBINA BHAVAN, CHERUVALLIKONAM,
             MULLARAMCODE, MANAMBOOR P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 611

      3      AKHIL L.,
             AGED 25 YEARS
             S/O.LATHANGAN, BHAMA NIVAS, CHENNANCODE,
             VADASSERIKONAM P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 143

      4      ROHIT SUDARSANAN,
             AGED 26 YEARS
             S/O.SUDARSANAN, DARSHANA, PERIJANKONAM,
             VADASSERIKONAM P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 143

      5      ARJUN,
             AGED 30 YEARS
             S/O.MURALEEDHARAN, KUZHIYIL VEEDU, CHENNANCODE,
             VADASSERIKONAM P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 143

      6      SHAN S.C.,
             AGED 35 YEARS
             S/O.SASI, SASI BUILDING, CHANNANCODE,
             VADASSERIKONAM P.O.,
             THIRUVANANTHAPURAM DISTRICT - 695 143
 CRL.M.C.NO.1324 OF 2020
                                 2

       7       AMAL RAJ S.,
               AGED 25 YEARS
               S/O.SURAJ N., REVATHY, PERINJANKONAM, CHANNANCODE,
               VADASSERIKONAM P.O.,
               THIRUVANANTHAPURAM DISTRICT - 695 143

               BY ADVS.
               SRI.M.KIRANLAL
               SRI.MANU RAMACHANDRAN
               SRI.T.S.SARATH
               SRI.R.RAJESH (VARKALA)
               SHRI.SAMEER M NAIR

RESPONDENTS/COMPLAINANT-STATE:

       1       STATE OF KERALA,
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 682 031

       2       SUB INSPECTOR OF POLICE,
               PARAVUR POLICE STATION, KOLLAM DISTRICT - 691 301

       3       SHABU,
               S/O.ABDUL SAMAD, AGED 25 YEARS, KUNNATHUVEETTIL,
               PADIPPURA JUNCTION, PARAVUR VILLAGE, KOLLAM
               DISTRICT - 691 301

       *4      ADDL.RESPONDENT
               HASHIM, AGED 24 YEARS, S/O. MUHAMMED KUNJ, PLANKALA
               HOUSE, KOTTAPPURAM VILLAGE, KOLLAM DISTRICT- 691503

               * IMPLEADED AS PER ORDER DATED 22.01.2021 IN
               CRL.M.A 1/21 IN CRL.M.C.1324/2020

               R3 BY ADV. SRI.ANSU VARGHESE
               R4 BY ADV. SRI.ANSU VARGHESE

OTHER PRESENT:

               PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1324 OF 2020
                                       3




                                O R D E R

Dated this the 22nd day of January 2021

Petitioners are accused Nos. 1 to 7 in

Crime No.1870/2014 registered at the Paravur

Police Station, Kollam for offences

punishable under Sections 143, 147, 148,

341, 323 and 324 read with Section 149 of

IPC, now pending as C.C.No.134/2015 on the

files of the Judicial First Class

Magistrate' Court, Paravur, Kollam. The de

facto complainant at whose instance the

crime was registered and the other person

injured are arrayed as the 3rd and 4th

respondents. Annexure-A3 and Annexure-A4

affidavits have been filed by 3rd and 4th

respondents stating that the dispute, which

was the reason for the incident and

registration of the crime, has been CRL.M.C.NO.1324 OF 2020

resolved amicably and they have no

subsisting grievance against the

petitioners.

2. Heard the learned Public Prosecutor

also, who, on instructions, submits that the

petitioners have no criminal antecedents.

3. Having considered the gravity of the

offences alleged, nature of the injury

caused and having perused the affidavit

filed by the 2nd respondent, the contents of

which are submitted to be true and

voluntary, I am satisfied that the dispute

is settled and no public interest is

involved in this matter. Moreover, in view

of the settlement, possibility of the

criminal proceedings ending in conviction is

remote. As such, continuance of the

proceedings will amount to an abuse of

process of court and hence, in view of the

legal position set out by the Honourable CRL.M.C.NO.1324 OF 2020

Supreme Court in Madan Mohan Abbot v. State

of Punjab [(2008) 4 SCC 582] and Gian Singh

v. State of Punjab and another [(2012) 10

SCC 303], there is no impediment in granting

the relief sought.

In the result, this Crl.M.C is allowed.

The proceedings in Crime No.18970/2014 of

Paravur Police Station, Kollam and

C.C.No.134/2015 on the files of the Judicial

First Class Magistrate' Court, Paravur,

Kollam are quashed.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.1324 OF 2020

APPENDIX PETITIONERS'S EXHIBITS:

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR IN CRIME 1870/2014.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1870/2014 OF THE PARAVOOR POLICE STATION.

ANNEXURE A3 ORIGINAL AFFIDAVIT SWORN IN BY THE DE-FACTO COMPLAINANT.

ANNEXURE A4 THE ORIGINAL AFFIDAVIT SWORN IN BY THE ADDITIONAL 4TH RESPONDENT DATED 03.03.2020.